A New Procedural Trend In Qui Tam FCA Cases

Law360, New York (May 16, 2013, 1:02 PM EDT) -- A rising tide of whistleblower claims mixed with increased judicial impatience towards government requests for additional time to investigate has spawned a new procedural development in qui tam actions under the False Claims Act. The U.S. Department of Justice, faced with an impressive backlog of whistleblower complaints, has begun to consent to the unsealing of FCA cases without a formal determination of whether or not it will intervene in the cases. As a result, whistleblowers are proceeding with qui tam matters while the government waits in...
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